Williams Estate, Re, (1983) 21 Man.R.(2d) 157 (SurCt)

• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 03, 1983
• Jurisdiction: Manitoba
• Citations: (1983), 21 Man.R.(2d) 157 (SurCt)

Williams Estate, Re (1983), 21 Man.R.(2d) 157 (SurCt)

MLB headnote and full text

Re Williams Estate; Johnson, Ward, Ward, Ward and Foster v. Williams and Canada Permanent Trust Company

Indexed As: Williams Estate, Re

Manitoba Surrogate Court

Eastern Judicial District

Philp, C.C.C.J.

February 21, 1983.

Summary:

A wife, separated from her husband for 33 years, elected to take under the Dower Act, rather than under the will of her late husband.

The Manitoba Surrogate Court, in a decision unreported in this series of reports, held that the widow had the right to elect to take under the Act. The issue in this case concerned the determination of the value of the net estate of her deceased husband for the purpose of determining her share under the Act.

The Manitoba Surrogate Court answered three questions that arose on the trial of this issue.

Real Property - Topic 2016

Dower or rights of wife - Interest on value of wife's dower - A widow elected to take under the Dower Act rather than under her late husband's will - The Manitoba Surrogate Court held that the widow's share should bear interest, because it was considered a debt of the testator at the time of his death - The court awarded interest at 12% per annum from one month after the date of election under the Act - See paragraph 24.

Real Property - Topic 2025

Dower or rights of wife - Valuation of dower interest - Time for valuation - A widow elected to take one-half the value of her husband's net estate pursuant to s. 15(1) of the Dower Act, and not under the will of her deceased husband - The Manitoba Surrogate Court held that the husband's assets should be valued as of the date of his death - See paragraph 16.

Real Property - Topic 2108

Dower or rights of wife - Interests subject to dower - Property out of jurisdiction - A widow elected to take one-half the value of her husband's net estate pursuant to s. 15(1) of the Dower Act, and not under his will - The Manitoba Surrogate Court held that the value of property situate outside Manitoba (real property in Florida) should be included in the net estate of the deceased for purposes of determining the widow's share - See paragraphs 7 to 15.

Real Property - Topic 2109

Dower or rights of wife - Interests subject to dower - Bequests or gifts - A widow, separated from her late husband for over 33 years, elected to take one-half of his net assets pursuant to the Dower Act - Included in his estate was the residue of the estate of his late common-law wife - The Manitoba Surrogate Court held that the residue assets should be included in the husband's net estate to determine the widow's share - See paragraph 22.

Cases Noticed:

In Re Elder (1936), 44 M.R. 84, not folld. [para. 10].

Morgan v. Altman (1961), 34 W.W.R.(N.S.) 452, appld. [para. 11].

Henderson v. Bank of Hamilton (1894), 23 S.C.R. 716, refd to. [para. 13].

Ostrander v. Houston (1915), 8 W.W.R. 367, dist. [para. 14].

Williams v. Moody Bible Institute, [1937] 4 D.L.R. 465 (Sask. C.A.), dist. [para. 14].

Palmer v. Palmer, [1980] 2 W.W.R. 557; 2 Sask.R. 112 (Sask. C.A.), refd to. [para. 14].

Statutes Noticed:

Dower Act, R.S.M. 1970, c. D-100; C.C.S.M., c. D-100, sect. 2(h) [paras. 9, 22]; sect. 2(i) [paras. 9 to 10, 22]; sect. 15(1) [paras. 8, 12, 22]; sect. 21 [paras. 12, 24].

Counsel:

D.A. Booth and D. Scaletta, for the applicants;

K. Mosher, for the respondent Canada Permanent Trust Co.;

R.B. Goodwin and P.C. Suche, for the respondent Hilda Marjorie Williams.

This case was heard before PHILP, C.C.C.J., of the Manitoba Surrogate Court, Eastern Judicial District, on February 3, 1983. The decision of PHILP, C.C.C.J., was delivered on February 21, 1983.